ABSTRACT
The paper argues that the principle of technological neutrality in copyright law is best grasped, not as a policy-driven imperative seeking to adapt copyright law to the exigencies of the digital environment, but rather as a principle immanent in the modern concept of copyright subject matter providing that merely technical or non-expressive uses of works of authorship do not attract liability. Technological neutrality is but a corollary of originality; that is, of the elementary proposition that copyright law protects original expression and nothing but original expression.
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Abraham Drassinower, Remarks On Technological Neutrality In Copyright Law As A Subject Matter Problem: Lessons From Canada, Cambridge Law Journal, https://doi.org/10.1017/S0008197321001045. Published online by Cambridge University Press 9 February.
First posted 2022-02-12 09:00:46
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